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State Accounting Information PO Number: ________________
<br />14.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
<br />Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract,
<br />and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
<br />Grantee under this grant contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data
<br />referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release
<br />the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the
<br />Grantee instructions concerning the release of the data to the requesting party before the data is
<br />released. The Grantee’s response to the request shall comply with applicable law.
<br />14.2 Intellectual Property Rights.
<br />(a) Intellectual Property Rights. All rights, title, and interest to all intellectual property rights, including all
<br />copyrights, patents, trade secrets, trademarks, and service marks in the works and documents funded
<br />through the State of Minnesota Conservation Partners Legacy Grant Program, shall be jointly owned by
<br />the Grantee and the State. Works shall mean all inventions, improvements, or discoveries (whether or not
<br />patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs,
<br />drawings, specifications, materials, tapes or disks, conceived, reduced to practice, created, or originated
<br />by the Grantee, its employees and subcontractors, either individually or jointly with others, in the
<br />performance of this contract. Documents shall mean the originals of any databases, computer programs,
<br />reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks,
<br />or other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, or
<br />subcontractors, in the performance of this contract. The ownership interests of the State and the Grantee
<br />in the works and documents shall equal the ratio of each party’s contributions to the total costs described
<br />in the Budget of this contract. The party’s ownership interest in the works and documents shall not be
<br />reduced by any royalties or revenues received from the sale of the products or the licensing or other
<br />activities arising from the use of the works and documents. Each party hereto shall, at the request of the
<br />other, execute all papers and perform all other acts necessary to transfer or record the appropriate
<br />ownership interests in the works and documents.
<br />(b) Obligations
<br />1. Notification: Whenever any invention, improvement, or discovery (whether or not
<br />patentable) is made or conceived for the first time, or actually or constructively reduced to
<br />practice by the Grantee, including its employees and subcontractors, in the performance of this
<br />contract, the Grantee shall immediately give the State’s Authorized Representative written
<br />notice thereof, and shall promptly furnish the Authorized Representative with complete
<br />information and/or disclosure thereon. All decisions regarding the filing of patent, copyright,
<br />trademark or service mark applications and/or registrations shall be the joint decision of the
<br />Grantee and the State, and costs for such applications shall be divided as agreed by the parties
<br />at the time of the filing decisions. In the event the parties cannot agree on said filing decisions,
<br />the filing decision will be made by the State.
<br />2. Representation: The Grantee shall perform all acts, and take all steps, necessary to ensure
<br />that all intellectual property rights in the Works and Documents are the sole property of the
<br />Grantee and the State as agreed herein, and that no Grantee employee, agent, or contractor
<br />retains any interest in and to the Works and Documents. The Grantee represents and warrants
<br />that the Works and Documents do not and shall not infringe upon any intellectual property
<br />rights of others. The Grantee shall indemnify, defend, and hold harmless the State, at the
<br />Grantee’s expense, from any action or claim brought against the State to the extent that it is
<br />based on a claim that all or part of the Works and Documents infringe upon the intellectual
<br />property rights of others. The Grantee shall be responsible for payment of any and all such
<br />claims, demands, obligations, liabilities, costs, and damages including, but not limited to,
<br />attorney fees. If such a claim or action arises, or in the Grantee’s or the State’s opinion is likely
<br />to arise, the Grantee shall, at the State’s discretion, either procure for the State the right or
<br />Rev. 8/21 9
<br />Qbhf!83!pg!558
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